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(영문) 대구지방법원 2014.12.11 2014노3638
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (two months of imprisonment, confiscation) is too unreasonable.

2. The judgment of the accused does not commit a second offense by reflecting the error of crime in depth, and the victim does not want to be punished against the accused by making repayment of the damage and mutual consent with the victim.

It seems that the defendant has long gone through an accident where the left side of the past is cut off, and it seems that he has living difficult while walking with his will.

However, the defendant has been punished seven times of punishment due to the same criminal act, and has committed the crime of this case again during the period of repeated crime due to the same criminal act.

The crime of this case is a golf bond, which is a dangerous object, which damages the property, such as destroying the glass hold owned by the victim, and the nature of the crime and the crime is hot.

The statutory penalty for the instant crime is imprisonment with prison labor for not less than one year, and the lower court determined the punishment after taking account of the circumstances agreed with the victim, etc., and there is no special circumstance or circumstance that may newly be considered in sentencing after the sentence of the lower judgment.

In addition, examining the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the defendant, it is difficult to deem that the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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